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Introduction
In this introduction the author gives some comments on the Hebrew or Jewish Bible and the literature of the rabbis, based on the Bible, and then presents the background of the articles included in this volume
Otto Weininger and the theme of the German-Jewish friendship in Günther Grass's Hundejahre
It has become a truism of contemporary literary criticism that every text contains overt and covert texts within its construction, that in other words each new text molds and fits previous texts into a new context. In Günther Grass’s Hundejahre (1963) this is especially discernible, since Grass’s novel is inter alia nothing short of a rewriting of a prominent German cultural narrative – namely, the narrative of friendship of two boys who grow into adulthood, one German and one Jewish. This narrative was familiar enough to broad sections of the reading public before the Second World War but disappeared from public consciousness as a result of the traumatized memories attached to German-Jewish relations emanating from the Third Reich. It is possible to exhume many texts in a work of such magnitude, but one text in particular appears with surprising frequency throughout Hundejahre – a fact which has received surprisingly little commentary from Grass critics – Otto Weininger´s Geschecht und Charakter (1903)
Celsus, Toledot Yeshu and Early Traces of Apology for Virginal Birth of Jesus
In this article New Testament passages referring to the birth of Jesus are related to Celsus’ anti-Christian arguments and the Jewish Toledot Yeshu tradition with a new question: Why it was so difficult to speak about the virgin birth of Jesus? It is argued that the concept of the virgin birth of Jesus was seen to be problematic for two reasons: 1) The concept was liable to result in scurrilous rumours, even scoffing and parodic episodes revolving on its sexual aspects. 2) Every attempt to explain that God was in some way the agent when a young girl conceived came too close to Gen. 6:1–4 – the text which explained in ancient Judaism the origin of the demonic world. Therefore, some New Testament authors (for example, the writer of the Gospel of John) deliberately avoided speaking about the virgin birth and instead presented the birth of Jesus in terms of the idea of an incarnated, personified, divine Wisdom. In order to avoid erroneous connotations relating to Gen. 6:1–4, Matthew and Luke followed a tradition where the Holy Spirit (a feminine word in Hebrew and Aramaic) played an active role in the pregnancy
Sentient Beings Protected by Law. Analysis of Recent Changes in Colombian Animal Welfare Legislation
The article analyses a recent reform of Colombian animal welfare legislation. In December 2015, Bill number 172 was passed in the parliament and on January 6, 2016 approved by the president as Law 1774. The Law reformed National Animal Protection Statute; the Colombian Civil Code; the Criminal Code and the Criminal Procedure Code. The new law recognizes animals as sentient beings and introduces new penalties for animal abuse. The new sanctions include prison sentences and fines and are the most stringent in all of Latin America for the crimes of abuse and abandonment. The law, fully coherent with the Colombian legal framework, represents a turning point for Animal Law in Latin America
3R for Farmed Animals – A Legal Argument for Consistency
This article aims to present reasonable arguments for an extension of the 3R principles used in research to the regulation of farm animal welfare. It aspires to expound the level of legal protection in the field of research and to analyze whether these means of protection have contributed to a perceptible amelioration of animal welfare in the respective field. In the same course, it pays attention to exploring the reasons for the emergence of 3R in research. The article then seeks to identify the existing levels of protection in the field of farming. Most notably, it aims at presenting the differences of legal protection for animals in research and for animals in farming and at depicting the reasons for according such different means of protection to the animals in question. This analysis shall form the basis of exploring the reasonable possibility of applying the principles in research to the animals used for farming purposes and of establishing a common underlying legal maxim. Finally, it aspires to exemplify specific applications of the principle of 3R to farmed animals
Editor's Foreword: Animal Laws in a Global Context
The second issue of Global Journal of Animal Law (GJAL) truly has a global imprint. GJAL 2/2013 offers three articles, two surveys and one note coming from Nicaragua, Kazakhstan, Germany and the United States (U.S.). Each pieces reflecting on different issues and questions to animal law; raising fundamental questions on what current animal law is meaning for nonhuman animals both de lege lata and de lege ferenda, and also focusing on both the written law and law in action.Amelie Buhl examines a confidential version of the Internal Directive of the Ministry of Climate Protection, Environment, Agriculture, Nature and Consumer Protection of the German State of North Rhine Westphalia of September 2013. Buhl discusses the Internal Directive in the light of both European and German legislation. She points out that in legal terms the Internal Directive has to be viewed as progress in German animal welfare law and as an advance in the development of German public policy in the realm of animal rights.Ashley Duncan Gibbons provides the readers an overview of the legal system in the U.S. and the animal laws on different legislative level. She highlights the barriers that weaken the legal protection of animals and discusses the laws that animal advocates use to advance the treatment and welfare of animals.Enrique Rimbaud provides a summary of the initiatives, backgrounds and prospects connected with the enforcement of the Act 747 of the Protection and Welfare of Domestic and Domestic Wild Animals in Nicaragua, mainly from the non-profit foundation A.Mar.Te's point of view.Maria Baideldinova and Federico Dalpane have made a survey in Kazakhstan on the laws concerning animals. In its present form Kazakhstan's legislation concerning animals does not provide an acceptable level of protection for animals mainly because of missing definitions of animal welfare and cruelty. And therefore they find the Kazakhstani legislation on animals seriously anachronistic. Nevertheless, they are pointing out that Kazakhstan is reforming and modernizing its legislation in a number of matters, at the same time when the public awareness of and concern for animal issues is increasing, therefore there is hope also for the animals on the horizon.Mark Goldfeder discusses nonhuman animals' legal personhood and the connection between 'law' and 'religion' - especially in a Judaic context. He is approaching the issues both from a 'law in action' point of view through case law and judge statements, and also from a de lege ferenda point of view underlining that a fundamental shift in perspective is needed. Furthermore noting that in this context it makes sense to consider what the religion might have to say.Rose Wilkinson discusses specifically how to save resources and endangered species from going extinct in the near future. Wilkinson is proposing three separate lists to separate science from policy. She is highlighting that listing have real consequences on the lives of animals, but new protective amendments are also needed to be taken in this regard. Furthermore she underlines that to make the policy making effective it has to include federal funding too.As we can note the protection of animals from human actions faces various challenges and problems on the legislative arena. Nevertheless, the concern for the animals is arising and a new branch of law is taking form. What we express and highlight today can be law, or changed law, tomorrow. Therefore, it is partly in our hands what 'animal law' will mean for the animals in the future and in practice. Not to forget that the coming generations will judge us according to how effectively (or not) we succeed in this effort. Let us continue the discussions in GJAL.The Editor Board is wishing all GJAL-readers an enjoyable read and a Happy New Year!Anna Birgitta WahlbergEditor-In-Chie
What can Animal Law Learn From Environmental Law
The book What Can Animal Law Learn From Environmental Law, edited by Professor Randall S. Abate, has just been published in September 2015 by the Environmental Law Institute. The book is composed of 17 chapters, written in English, which originate from professors and practitioners in the fields of environmental and animal law
Animal Welfare Law in Motion? – Comment on the Latest Amendments to the Animal Welfare Act in Germany
This article on the Amendments to the German Animal Welfare Act of 2013 is intended to provide a short overview2 of the novel provisions in German animal welfare legislation, including comparison with the previous state of the law and providing an outlook going beyond the current state of the la
A Survey of Animal Law in the United States: An overview of laws that should protect animals and the barriers that prevent animals from receiving legal protection
What is the current status of animal law in the United States (U.S.)? 2 The area of law known as animal law began in the 1970s; since that time, interest in the subject has grown dramatically. At the same time, and perhaps as a byproduct of the animal law movement, societal views about our relationship with animals has progressed. However, the ability of the animal law movement to effectively address and regulate the way humans interact with animals is constrained by the historic legal view that animals are personal property. Working within this legal framework, animal advocates must creatively use existing traditional areas of law – tort, criminal and constitutional law – and federal and state statutes – to address and redress the human use and abuse of animals. This paper will give a brief overview of the American legal system, highlight the legal resources that are available to animal law practitioners, and describe the limitations that animal law practitioners face as a result of animals’ legal status as personal property
Jewish polemics against Christianity and the Christians in Northern and Southern France from 1100 to 1300
Jewish polemics against Christianity in the Middle Ages show a striking change in contents and in the linguistic form of the texts after the First Crusade. While the texts up to about 1100 are reports on religious discussions between Jews and Christians, often held in a friendly tone, the texts after 1100 contain aggressive or bitter attacks on the Christians. An example of how this was put into words appears in a Jewish text from the 1250s. In seven points the author gives voice to this protest against the introduction by the French king of a number of harsh edicts against the Jews. There is a marked dividing line between the predominantly aggressive texts from Northern France and the more sober ones from Southern France. On the one hand every single Jewish polemical passage should be analyzed as to form and content, including the context and text type in which the passage occurs, on the other hand the passages should be related to each other including their historical background. By this procedure of comparison every single passage can contribute towards creating a more differentiated and comprehensive picture of the conditions of the Jewish minorities in Christian Europe